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Home Jones Act Federal Circuits’ & State Decisions

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Federal Circuits' & State Decisions
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Jones Act - Federal Circuits' & State Decisions
Tuesday, 29 December 2009 22:07
Case Name: Eddie W. Cowley v. Mike Hooks, Inc.
Date Decided: December 8, 2009
Court: U.S.D.C. Western District of Louisiana, Lafayette and Opelousas Division
Judge: Judge Patrick, Judge Hanna
Citation: 2009 WL 4758727 (W.D.La.)

Background:
Defendants, Mike Hooks Inc. ("Hooks") filed a motion to transfer venue pursuant to 28 U.S.C. 1404(a). Plaintiff, Eddie W. Cowley, ("Cowley") opposes this motion on grounds that it would not be convenient to transfer this action from Lafayette, Louisiana to Lake Charles, Louisiana. This motion arose under an action filed under general maritime law and Jones Act.

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Jones Act - Federal Circuits' & State Decisions
Sunday, 27 December 2009 01:36
Case Name: Michael S. Powell v. American President Lines, Ltd, et al.
Date Decided: December 1, 2009
Court: U.S.D.C. Western District of Washington, at Seattle
Judge: Judge Pechman
Citation: 2009 WL 4571831 (W.D.Wash.)

Background:
Plaintiff, Michael S. Powell ("Powell"), filed this action under the Jones Act and general maritime law against defendant, American President Lines ("APL").

Powell was employed as a licensed deck officer aboard the APL Singapore. While he was aboard the vessel, his employment was governed by the terms of a written collective bargaining agreement between APL and the International Organization of Masters, Mates, and Pilots (MMP) with whom Powell was a union member.

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Jones Act - Federal Circuits' & State Decisions
Friday, 25 December 2009 03:35
Case Name: Taumaoe ("Tammy") Utoafili v. Trident Seafoods Corporation, M/V Independence, et al.
Date Decided: November 30, 2009
Court: U.S.D.C. Northern District of California
Judge: Judge Conti
Citation: 2009 WL 4545175 (N.D.Cal.)

Background:
Plaintiff, Tammy, has brought this suit under general maritime law and the Jones Act to recover for injuries sustained while employed as a seaman for defendant, Trident Seafoods Corporation ("Trident").

Trident has moved to dismiss for improper venue alleging that Tammy cannot pursue her personal injury claims in California because her employment contract with Trident included a forum selection provision requiring all suits against Trident to take place in King County, Washington.

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Jones Act - Federal Circuits' & State Decisions
Friday, 25 December 2009 03:31
Case Name: Courtney Lawrence v. Royal Caribbean Cruises Ltd.
Date Decided: November 30, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Cooke
Citation: 2009 WL 4546633 (S.D.Fla.)

Background:
Plaintiff, Courtney Lawrence ("Lawrence") brought this action in Florida seeking damages and other relief against defendant, Royal Caribbean ("Royal") for damages arising out of alleged injuries sustained during the course of his employment while aboard the Voyager of the Seas.

Lawrence brought this action under the Jones Act, unseaworthiness, maintenance and cure, and Jones Act negligence, and failure to treat unearned and overtime wages.

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Jones Act - Federal Circuits' & State Decisions
Wednesday, 23 December 2009 03:03
Case Name: Scott Lamberger v. Inland Marine Service, Inc.
Date Decided: December 8, 2009
Court: United States D.C. Western District of Kentucky
Judge: Chief Judge Russell
Citation: 2009 WL 4758731 (W.D.Ky.)

Background:
Plaintiff, Scott Lamberger ("Lamberger"), was a seaman employed by Inland Marine Service Inc. ("Inland"). Lamberger was injured while moving a 55 gallon drum aboard one of Inland Marine's vessels, and entered into a Settlement and in turn agreed not to sue and granted indemnification to Inland.

Lamberger received $53,500 in exchange for agreeing to the following: "Scott Lamberger does herby release, covenant not to sue, aquit, and forever discharge, hold harmless, protect, indemnify, and defend Inland Marine Service, Inc., its vessels, barges and equipment etc...". Furthermore, included was a promise not to sue under the Jones Act or any kind of general maritime law pertaining to or referring to unseaworthiness of navigable vessels, gave up the right to maintenance and cure also.

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